Court No. - 20
Case :- APPLICATION U/S 482 No. - 23322 of 2011 Applicant :- Ghanshyam Pandey And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramesh Chandra Mishra Counsel for Opposite Party :- Govt.Advocate,Syed Wajid Ali
Hon'ble Raghvendra Kumar,J
Heard learned counsel for the applicants, Sri Syed Wajid Ali, learned counsel for O.P.No.2 and learned A.G.A.for the State of U.P.
The applicants Ghanshyam Pandey And Others have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the summoning order dated 5.4.2011 passed by Judicial Magistrate, Pharenda, Maharajganj in Case No. 1433 of 2008 Jitai vs. Ghanshyam under sections 147, 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S.
Purandarpur, District Maharajganj as well as the entire proceedings of the aforesaid case.
After arguing at some length, learned counsel for the applicants confines his prayer only to the extent that necessary directions may be issued to the court below for expeditious disposal of bail.
Learned A.G.A. and counsel for O.P.No.2 have no objection to the prayer so made.
I have carefully examined the submissions advanced by the learned counsel for the applicants and gone through the record. The prayer sought is refused.
However, in case the applicants move surrender and bail application within a period of 6 weeks from today, the same shall be considered and decided as expeditiously as possible by the learned Courts below bearing in mind the various proposition of law and guidelines laid down by this Court as well as by the Hon’ble Apex Court from time to time through various pronouncements. Till then, no coercive measures shall be taken against the applicants in the above mentioned case. It is also made clear that no further time would be extended for surrender and bail. This order shall not be treated as an implied direction of this Court to grant bail. The bail prayer shall be considered by the Court concerned in accordance with law.
It is made clear that the applicants shall be at liberty to move the discharge application taking all the legal pleas which are available to them, if it is so advised.
The applicants may claim protection of u/s 437 Cr.P.C. as per law.
Application/petition is disposed of in light of the observations made above.
Order Date :- 28.11.2017 Su